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HomeMy WebLinkAbout2015-06-17 CC MINUTES CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA +o�q��r ap* 's •�RfPORN,P MEETING MINUTES WEDNESDAY, JUNE 17, 2015 CITY HALL COUNCIL CHAMBER CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:11 p.m. PLEDGE OF ALLEGIANCE: Councilmember Mills led the Pledge. INVOCATION: Pastor Schezarone Carter, New Bethel Church of God in Christ, led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmemta�' r Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. ABSENT: None, ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Mayor Pougnet provided an update on the Downtown Revitalization Project, the Buzz at Los Angeles Pride, Cooling Centers in the City of Palm Springs, requested Harold Matzner provide an update on the Palm Springs International Film Festival, and requested Josh Morgerman provide an update on the Buzz. Councilmember Foat provided an update on animal adoptions at the Palm Springs Animal Shelter. REPORT OF CLOSED SESSION: The meeting was called to order at 4:30 p.m., and City Attorney Holland requested the City Council consider adding one item to the Closed Session Agenda, pursuant to Cal. Gov. Code Section 54956.9(a) Existing Litigation titled City of Palm Springs as Successor Agency et al. v Ana Matosantos et al., Case No. 34-2013-80001440, Sacramento Superior Court, Sacramento Division, and stated he has received information regarding the case after the posting of the Agenda, and there is an immediate need to hear and/or take action. City Council Minutes June 17. 2015 Page 2 ACTION: 1) Find the matter came to the attention of the City after the posting of the agenda and there is an immediate need to hear and/or take action; and 2) Add to the Closed Session Agenda, pursuant to Cal. Gov. Code Section 54956.9(a) one case of existing litigation titled City of Palm Springs as Successor Agency et al. v Ana Matosantos et al., Case No. 34-2013-80001440, Sacramento Superior Court, Sacramento Division. Motion Councilmember Foat, seconded by Mayor Pro Tern Lewin and unanimously carried (5-0). The City Council recessed into Closed Session to discuss items on the Closed Session Agenda. City Attorney Holland stated the City Council did not discuss the two property items on the Closed Session Agenda, and reported the City Council provided direction to Staff and the City Attorney, otherwise no reportable actions were taken. ACCEPTANCE OF THE AGENDA: City Clerk Thompson requested the City Council consider adding an Item to the Consent Calendar as Item 2.S. titled APPROVAL OF TRACT MAP 36723 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH ALTA VERDE HOMES, LLC, and stated the City received information regarding the imposed taxes after the posting of the agenda and there is an immediate need to hear and/or take action on the item as to not impose undue delay of the project. Councilmember Mills stated he has a business related conflict of interest with respect to the proposed Item being considered, would not participate in the discussion and/or vote, stated if the Item is added to the Consent Calendar his business related absence/abstention, and left Council Chamber. ACTION: 1) Find information regarding the Item was received after the posting of the agenda and there is an immediate need to hear and/or take action on the Item; and 2) Add to the Consent Calendar as Item 2.S. one item titled APPROVAL OF TRACT MAP 36723 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH ALTA VERDE HOMES, LLC. Motion Mayor Pougnet, seconded by Mayor Pro Tern Lewin and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. Councilmember Mills returned to the dais. Councilmember Foat requested Items 2.F., 2.H., and 2.Q. be removed from the Consent Calendar for separate discussion. Councilmember Hutcheson requested Items 2.H., and 2.0. be removed from the Consent Calendar for separate discussion. City Council Minutes June 17, 2015 Page 3 Councilmember Mills requested Items 2.M. be removed from the Consent Calendar for separate vote. Mayor Pougnet noted his abstention on Item 2.B. for meeting minutes. ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: 1.A. PUBLIC HEARING ON THE ADOPTION OF THE FISCAL YEAR 2015-16 BUDGET, ALLOCATED POSITIONS AND COMPENSATION PLAN, SUCCESSOR AGENCY ADMINISTRATIVE BUDGET, HOUSING SUCCESSOR AGENCY BUDGET, APPROPRIATIONS LIMIT, AND COMPREHENSIVE FEE SCHEDULE: Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. MARVIN ROOS, commented on the .Comprehensive Fee Schedule and stated the documents should be designed in a way that is public friendly. ERICA HARNIK and CLINT LORIMORE commented on the Comprehensive Fee Schedule and requested the City Council take no action on fees. DEBORAH McCARREY, Palm Springs, Southern California Gas Co., commented on the Comprehensive Fee Schedule, and requested City Staff provide information to assist public utilities to pay the correct fee. FRED BELL, commented on the Comprehensive Fee Schedule, and stated the materials are not easily comprehensible in the current format. JOY BROWN MEREDITH, requested additional time for the citizens to review the budget in future years. GRETCHEN GUTIERREZ, commented on the Comprehensive Fee schedule, and requested the City Council not take action on fees. No further speakers coming forward, the public hearing was closed. Mayor Pougnet requested City Staff address the timing and process for an increase in fees, and requested Staff address the amount of time the public had to review the fees. City Council Minutes June 17, 2015 Page 4 Councilmember Foat commented on the preparation of the budget and the process, and recommend the City Council postpone action on the fee schedule. Councilmember Hutcheson questioned the discretion of the City Council to set fees. Councilmember Mills stated his support for the adoption of the fee schedule until further review by the industry, commented on the preparation of the Comprehensive Fee Schedule document, and requested Staff address discounted fees for multiple applications. Mayor Pro Tem Lewin stated his support to move forward with fees, but review with the industry, and any amendments that may need addressing before the fees go into effect. Mayor Pougnet requested Staff address if the City fees would be comparable to other Coachella Valley cities. Councilmember Mills commented on the last time the City raised fees. Councilmember Foat requested the City Manager provide additional information on positions, and stated her support for the Planning position. Councilmember Mills commented on the long range planning position and stated his support for a consultant, and stated his support for an additional Code Enforcement Officer. Councilmember Hutcheson stated his support for long range planning consultant, the Code Enforcement Officer and the Police Department Records Clerk, but delay new positions until later in the fiscal year. Mayor Pro Tem Lewin questioned the increases in Staff as a result of the fees increases, and stated his support for delaying new positions for 90- days. Councilmember Foat requested Staff address the current Planning Department staffing levels. The City Council discussed funding of sponsorships and contributions. Mayor Pougnet stated he has a business related conflict of interest with respect to funding the Palm Springs International Film Festival, would not participate in the discussion or the vote, and left Council Chamber. City Council Minutes June 17, 2015 Page 5 ACTION: Fund the Palm Springs International Film Festival in the amount of $350,000 for Fiscal Year 2015-16. Motion Councilmember Foat, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Lewin. NOES: None. ABSENT: Mayor Pougnet. Mayor Pougnet returned to the dais. Councilmember Foat stated she has a business related conflict of interest with respect to funding the Mizell Senior Center, would not participate in the discussion or the vote, and left Council Chamber. ACTION: Fund the Mizell Senior Center in the amount of $60,000 for Fiscal Year 2015-16. Motion Mayor Pro Tem Lewin, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tem Lewin, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Foat. Councilmember Foat returned to the dais. ACTION: 1) Fund the Boys and Girls Club in the amount of $10,000; 2) Fund Black History Month events in the amount of $16,600; 3) Fund the 4th of July Event in the amount of $30,000; 4) Fund the Festival of Lights Parade in the amount of $30,000; 5) Fund the Palm Springs High School Homecoming Parade in the amount of $3,000; 6) Fund the Veteran's Day Parade in the amount $15,000; and 7) Fund the Mayor's Race and Wellness Festival in the amount of $50,000. Motion Mayor Pro Tem Lewin, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote, noting the abstention of Councilmember Mills on the Boys and Girls Club funding. ACTION: Fund the Well in the Desert in the amount of $24,000 for Fiscal Year 2015-16. Motion Mayor Pro Tem Lewin, seconded by Mayor Pougnet and unanimously carried on a roll call vote. The City Council discussed the funding of Bike Weekend, and determined to continue the discussion of funding until additional information from Staff City Council Minutes June 17, 2015 Page 6 was received regarding the recent events concerning similar events in other cities. ACTION: Fund Modernism Week in the amount of$35,000 for Fiscal Year 2015-16. Motion Mayor Pougnet, seconded by Mayor Pro Tern Lewin and carried 4-1 on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: Councilmember Hutcheson. ACTION: Fund Opera in the Park in the amount of $6,000 for Fiscal Year 2015-16. Motion Councilmember Mills, seconded by Mayor Pro Tenn Lewin and unanimously carried on a roll call vote. ACTION: Fund the Palm Springs Pride Parade and Festival in the amount of $50,000 for Fiscal Year 2015-16. Motion Mayor Pougnet, seconded by Councilmember Foat and carried 3-2 on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, and Mayor Pougnet. NOES: Councilmember Hutcheson and Mayor Pro Tern Lewin. ACTION: Fund the Tour de Palm Springs in the amount of $25,000 for Fiscal Year 2015-16. Motion Councilmember Mills, seconded by Mayor Pougnet and carried 4-1 on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: Councilmember Hutcheson. ACTION: 1) Fund the Arthur Lyons Film Noir Festival in the amount of $5,000; 2) Fund Cinema Diverse in the amount of $5,000; 3) Fund the American Documentary Film Festival in the amount of $5,000; 4) Fund the Run for Ike event in the amount of $3,000; 5) Fund Coyote Stageworks in the amount of $5,000; 6) Fund the LGBT Center Fundraiser Gala in the amount of $5,000; 7) Fund the Shelter from the Storm Gala in the amount of $5,000; 8) Fund the AIDS Assistance Under the Stars in the amount of $5,000; 9) Fund the Desert AIDS Steve Chase Gala in the amount of $5,000; 10) Fund the Agua Caliente Canyons Event in the amount of $5,000; and 11) Fund the Well in the Desert Christmas Dinner in the amount of $3,500. Motion Mayor Pro Tern Lewin, seconded by Mayor Pougnet and unanimously carried on a roll call vote. City Council Minutes June 17, 2015 Page 7 ACTION: Fund Holiday Decor activities in the amount of $25,000 for Fiscal Year 2015-16. Motion Councilmember Hutcheson, seconded by Councilmember Foat and unanimously carried on a roll call vote. ACTION: Fund the Agua Caliente Band of Cahuilla Indians, Richard Milanovich Hike for Human Rights Event, in the amount of $5,000 for Fiscal Year 2015-16. Motion Mayor Pougnet, seconded by Mayor Pro Tern Lewin and carried 4-1 on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: Councilmember Hutcheson. ACTION: Fund the Santa Paws, Race for Guide Dogs of the Desert Event (request to waive fees) in the amount of $2,900 for Fiscal Year 2015-16. Motion Councilmember Mills, seconded by Councilmember Foat and carried 4-1 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pougnet. NOES: Mayor Pro Tern Lewin. Mayor Pougnet stated he has a business related conflict of interest with respect to funding the Palm Springs International Film Festival Red Carpet Run, would not participate in the discussion or the vote and left Council Chamber. ACTION: Fund the Palm Springs International Film Festival Red Carpet Run Event in the amount of $3,500 for Fiscal Year 2015-16. Motion Councilmember Foat, seconded by Councilmember Mills and carried 3-1 on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, and Mayor Pro Tern Lewin. NOES: Councilmember Hutcheson. ABSENT: Mayor Pougnet. Mayor Pougnet returned to the dais. MOTION: 1) Fund the Friends of the Palm Springs Animal Shelter Overnight Staffing Program in the amount of $91,000; and 2) Direct Staff to return with a contract services agreement. Motion Councilmember Foat, seconded by Mayor Pougnet and failed 2-3 on a roll call vote. City Council Minutes June 17, 2015 Page 8 AYES: Councilmember Foat and Mayor Pougnet. NOES: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Lewin. ACTION: 1) Adopt Resolution No. 23837, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2015-16," and authorize the City Manager to commence recruitment of the additional positions; 2) Adopt Resolution No. 23838, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE BUDGET FOR FISCAL YEAR 2015-16 AND SUCH OTHER MATTERS AS REQUIRED;` 3) Adopt Resolution No. 23839, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, AND IN ITS CAPACITY AS THE HOUSING SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR AGENCY AND HOUSING SUCCESSOR AGENCY BUDGETS FOR FISCAL YEAR 2015-16, AND OTHER SUCH MATTERS AS REQUIRED;" 4) Adopt Resolution No. 23840, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2016;" 5) Continue the Public Hearing for adoption of the Comprehensive Fee Schedule to the July 15, 2015, City Council meeting and direct the City Clerk to post a Notice of Continued Public Hearing as required by law; and 6) Direct the City Manager and Director of Finance and Treasurer to make the appropriate modifications to the Budget and prepare the final budget document for Fiscal Year 2015-16. Motion Councilmember Foat, seconded by Mayor Pro Tern Lewin and unanimously carried on a roll call vote. PUBLIC COMMENT: MATT ROBINSON, Palm Springs, requested the City Council consider ad sales and A- Frame signs. WESLEY ROSS, commented on potential ramifications if the City pays for the demolition of the Magruder building and services at the Palm Springs Animal Shelter. TOM ADAMO, Palm Springs, stated the lack of public restrooms in Downtown Palm Springs, and requested the Event Center include public restrooms. DR. SHAYDA AHKAMI, commented on services at the Palm Springs Animal Shelter. City Council Minutes June 17, 2015 Page 9 SETH SHTEIR, commented on Item 2.H. and requested the City Council endorse the California Desert Conservation and Recreation Act. DON BENWAY, commented on the service provided by Sunline and the Plaza Theatre. ELIZABETH ARMSTRONG, commented on the proposed Downtown Event Space. HAROLD MATZNER, commented on the proposed Downtown Event Space. MATI JATOUSKY, commented on Item 2.H. and requested the City Council endorse the California Desert Conservation and Recreation Act. STEVE ROSENBERG, commented on Item 2.0., regarding the tree inventory report, and commented on the proposed Downtown Event Space. GARY JOHNS, commented on the proposed Downtown Event Space. RICK PANTELE, commented on medical cannabis and the issuance of two additional permits. GEORGE ZANDER, Palm Springs, commented on the activities of Equality California. JOY BROWN MEREDITH, commented on the lack of restrooms in the Downtown area, lack of cooling centers in the City of Palm Springs, and the proposed Downtown Event Space. COUNCILMEMBER COMMENTS: Councilmember Foat commented on no-kill shelters, the issuance of cannabis permits, and homeless issues. Mayor Pougnet commented on the Downtown Revitalization project. CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.1., 2.J., 2.K., 21., 2.N., 2.P., 2.R., and added item 2.S. Motion Councilmember Hutcheson, seconded by Councilmember Foat and unanimously carried on a roll call vote. 2.A. REPORT ON THE POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the June 17, 2015, City Council Agenda. Approved as part of the Consent Calendar. City Council Minutes June 17. 2015 Page 10 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of June 3, 2015, Special Meeting, and June 4, 2015, Special Meeting. Approved as part of the Consent Calendar, noting the abstention of Mayor Pougnet. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 23841, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 05-09-2015 BY WARRANTS NUMBERED 419124 THROUGH 419139 TOTALING $28,409.90, LIABILITY CHECKS NUMBERED 1078579 THROUGH 1078599 TOTALING $106,274.20, FIVE WIRE TRANSFERS FOR $55,985.81, AND THREE ELECTRONIC ACH DEBITS OF $1,122,824.15 IN THE AGGREGATE AMOUNT OF $1,313,494.06, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 23842. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1078600 THROUGH 1078680 IN THE AGGREGATE AMOUNT OF $1,070,458.32, DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 23843, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1078681 THROUGH 1078847 IN THE AGGREGATE AMOUNT OF $2,893,837.13, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF MAY 2015: ACTION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2015. Approved as part of the Consent Calendar. 2.E. ACCEPT THE RESIGNATION OF PENNIE FEEHAN FROM THE BOARD OF APPEALS: ACTION: 1) Accept with regret the resignation of Pennie Feehan from the Board of Appeals; and 2) Direct the City Clerk to post a notice of vacancy. Approved as part of the Consent Calendar. 2.G. APPROVE AN AGREEMENT WITH FIRE RECOVERY USA TO PROVIDE THIRD PARTY BILLING SERVICES FOR FIRE DEPARTMENT INSPECTION FEES LISTED IN THE CITY'S COMPREHENSIVE FEE SCHEDULE: ACTION: 1) Approve an agreement with Fire Recovery USA for five (5) years to conduct fire department billing services for specific fire department fees approved in the July 1, 2015, Master Fee Schedule, on a per transaction flat rate; and 2) Authorize the City Manager to execute all City Council Minutes June 17, 2015 Page 11 necessary documents. A6717. Approved as part of the Consent Calendar. 2.1. REAFFIRM THE CITY'S INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS: ACTION: Reaffirm the City's Investment Policy governing the investment of City funds, as adopted by Resolution No. 23539, dated May 7, 2014. Approved as part of the Consent Calendar. 2.J. PALM SPRINGS UNIFIED SCHOOL DISTRICT ANNUAL REPORT FOR THE MEASURE J PALM SPRINGS HIGH SCHOOL AUDITORIUM/THEATER EQUIPMENT REPLACEMENT PROJECT AND AUTHORIZE PAYMENT OF FISCAL YEAR 2014-15 PROJECT FUNDING: ACTION: 1) Receive and file the PSUSD's Measure J Palm Springs High School Auditorium/Theater Equipment Replacement Annual Report, dated June 2015; and 2) Authorize the release of Fiscal Year 2014-15 funding in the amount of $291,000. A6432. Approved as part of the Consent Calendar. 2.K. RENEW A FACILITIES USE AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, TO USE THE PALM SPRINGS POLICE DEPARTMENT'S FIREARM RANGE: ACTION: 1) Approve a Facilities Use Agreement with the State of California, Department of Corrections, to use the Palm Springs Police Department's Firearm Range, in the amount of $9,960, revenue to the City, from July 1, 2015, through June 30, 2017, in a form approved by the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A6199. Approved as part of the Consent Calendar. 2.L. ACCEPTANCE OF $64,000 IN GRANT FUNDING FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) FOR AN ALCOHOL ENFORCEMENT AND AWARENESS PROJECT TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC: ACTION: 1) Adopt Resolution No. 23844, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL IN THE AMOUNT OF $64,000 FOR ALCOHOL ENFORCEMENT;" and 2) Authorize the City Manager to execute all necessary documents. A6126. Approved as part of the Consent Calendar. City Council Minutes June 17, 2015 Page 12 2.N. AMENDMENT NO. 3 TO AGREEMENT NO. A5960 WITH LANCE, SOLL & LUNGHARD LLP TO ADD SERVICES FOR GASB 68 FOR THE FISCAL YEAR 2014-15 AUDIT: ACTION: 1) Approve Amendment No. 3 to Agreement No. A5960 with Lance, Soll, and Lunghard, LLP in the amount $12,000 for the Fiscal Year 2014-15 Financial Audit to add additional services required pursuant to GASB 68, in a form approved by the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A5960. Approved as part of the Consent Calendar. 2.P. AMENDMENT NO. 2 TO AGREEMENT NO. A6557 WITH DESERT SECURITY SERVICES FOR UNARMED SECURITY SERVICES AT CITY-OWNED FACILITIES: ACTION: 1) Approve Amendment No. 2 to Agreement No. A6557 with Desert Security Services, Inc. for Unarmed Security Services at City- owned facilities, to expand the ability to increase or decrease security services based on need insofar as budgeted in the fiscal year budget; and 2) Authorize the City Manager to execute all necessary documents. A6557. Approved as part of the Consent Calendar. 2.R. APPROVAL OF AN AB 2766/MSRC LOCAL GOVERNMENT MATCH PROGRAM CONTRACT NO. ML14011, AS AMENDED, IN THE AMOUNT OF $158,000 WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT FOR INSTALLATION OF BICYCLE RACKS AND IMPLEMENTATION OF A BICYCLE OUTREACH AND EDUCATION PROGRAM: ACTION: 1) Ratify approval of an AB2766/MSRC Local Government Match Program Contract No. ML14011 with South Coast Air Quality Management District, as amended, in the amount of $158,000 ($79,000 AQMD Grant / $79,000 Local Funding) for installation of bicycle racks and implementation of a bicycle outreach and education program; 2) Ratify expenditure of local matching funds in the amount of $79,000 from previously budgeted funds appropriated in the Sustainability Fund (Fund 138); and 3) Authorize the City Manager to execute all necessary documents. A6718. Approved as part of the Consent Calendar. 2.S. ADDED ITEM APPROVAL OF TRACT MAP 36723 LOCATED AT 1000 BOGERT TRAIL AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH ALTA VERDE HOMES, LLC: ACTION: Adopt Resolution No. 23845, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36723 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH ALTA VERDE HOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1000 BOGERT TRAIL, SECTION 35, TOWNSHIP 4 City Council Minutes June 17, 2015 Page 13 SOUTH, RANGE 4 EAST." A6719. Approved as part of the Consent Calendar, noting the absence/abstention of Councilmember Mills. The City Council recessed at 9:23 p.m. The City Council reconvened at 9:28 p.m. EXCLUDED CONSENT CALENDAR: 2.F. PROFESSIONAL SERVICES AGREEMENT WITH ESGIL CORPORATION FOR "ON CALL" BUILDING PLAN CHECK SERVICES AND APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RKA CONSULTING, INC. FOR "ON CALL" BUILDING PLAN CHECK SERVICES: Withdrawn from the Agenda. 2.H. CALIFORNIA DESERT CONSERVATION AND RECREATION ACT 2015 (U.S. SENATE BILL 414): Councilmember Foat commented on the importance of the Item and requested a resolution to endorse the legislation at the next meeting. ACTION: Direct Staff to place a resolution to endorse on the July 1, 2015, agenda. By unanimous consent of the City Council. (5-0). 2.M. SECOND READING AND ADOPTION OF ORDINANCE NO. 1879 RELATING TO MEDICAL CANNABIS CULTIVATION AND INCREASING THE NUMBER OF PERMITTED MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES FROM FOUR (4) TO SIX (6): Mayor Pougnet questioned opening the applications to new establishments. ACTION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1879, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.35.110 AND 5.35.120 OF, AND ADDING SUBSECTION C TO SECTION 5.35.340 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS CULTIVATION AND INCREASING THE NUMBER OF PERMITTED MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES FROM FOUR (4) TO SIX (6)." Motion Councilmember Foat, seconded by Councilmember Hutcheson and carried 3-2 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, and Mayor Pro Tern Lewin. NOES: Councilmember Mills and Mayor Pougnet. City Council Minutes June 17, 2015 Page 14 2.0. CITY OF PALM SPRINGS TREE INVENTORY AND URBAN FOREST MANAGEMENT REPORT: Councilmember Hutcheson requested an action plan on the report be returned to the City Council. Councilmember Mills questioned some of the statements in the report that discusses immediate threat to the City. ACTION: Receive and file. Motion Councilmember Hutcheson, seconded by Mayor Pro Tem Lewin and unanimously carried on a roll call vote. 2.0. APPROVE ACTIONS RELATED TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 31848-1 (AVALON): The City Council discussed the processes of calling the bonds and adding a maintenance requirement. ACTION: 1) Rescind approval of the First Amendment to a Subdivision Improvement Agreement for Tract Map 31848-1 ("Avalon"), A5393, between LV Palm Springs Village, LLC, and the City of Palm Springs, approved February 18, 2015; 2) Approve a First Amendment to the Subdivision Improvement Agreement for Tract Map 31848-1 ("Avalon"), A5393, between LV Palm Springs Village, LLC, and the City of Palm Springs, amending the agreement to require routine and proper maintenance of the improvements installed; and 3) Authorize the City Manager to execute all necessary documents. A5393. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. CITY COUNCIL DISCUSSION REGARDING THE PUBLIC UTILITY COMMISSION'S PENDING RESIDENTIAL RATE REFORMS APPLICABLE TO INVESTOR OWNED UTILITIES, INCLUDING SOUTHERN CALIFORNIA EDISON: City Manager Ready provided background information. ACTION: Authorize the submission of a letter to the Public Utility Commission opposing the proposed residential rate reforms. By unanimous consent of the City Council (5-0). City Council Minutes June 17, 2015 Page 15 ACTION: Continue past the tentative 10:00 p.m. adjournment time. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried (5-0). S.B. APPROVAL OF THE CONCEPTUAL DESIGN FOR THE EVENT CENTER WITHIN BLOCK E OF THE DOWNTOWN REVITALIZATION PLAN ("DOWNTOWN PALM SPRINGS"), AND AUTHORIZATION TO PROCEED WITH DESIGN DEVELOPMENT, PREPARATION OF CONSTRUCTION DOCUMENTS, BIDDING SERVICES, AND CONSTRUCTION ADMINISTRATION (CP 15-07): City Manager Ready and Marcus Fuller, Assistant City Manager, provided background information as outlined in the Staff Report dated June 17, 2015. The City Council Subcommittee provided further information on the process, the completion schedule, the ad hoc committee, stated public hearings will be conducted for the design, the need to continue progress on the site, and recommended the Subcommittee be further defined as follows: two-members from the AAC, two-members from the Planning Commission, two-members from the City Council Subcommittee (Pougnet/Mills), two-members from the Art Museum and one-member from the Public Arts Commission. The City Council discussed and/or commented on the following with respect to the project: substantial agreement this was a good starting point, that many public hearings will be scheduled throughout the process, the incorporation of public art, fencing or non-fencing the site, providing shade at the site, the view corridor to the Museum, progress with obtaining a Marilyn sculpture, the qualification of the firms selected, approval of the contract, the terms of the contracts including the phasing provisions, the make-up of the Subcommittee, and providing routine updates at City Council meetings. ACTION: 1) Approve the conceptual design for the Event Center space located in Block E of the Downtown Revitalization Plan ("Downtown Palm Springs"); 2) Approve a Professional Services Agreement with the City's "On-Call" Architect, Urrutia A.I.A. and Associates, Inc., dba Urrutia Architects, in the amount of $396,575 for architectural design services for the Downtown Event Center, City Project No. 15-07; 3) Approve a Professional Services Agreement with the City's "On-Call" Civil Engineer, MSA Consulting, Inc., in the amount of $170,700 for civil engineering design services for the Downtown Event Center, City Project No. 15-07; 4) In accordance with Section 7.04.030 of the Palm Springs Municipal Code, determine that RGA Landscape Architects, Inc., and MRC Engineering, Inc., due to their experience demonstrated in prior contracts with the City, are uniquely qualified to provide landscape architectural City Council Minutes June 17, 2015 Page 16 design services and electrical engineering design services for the Downtown Event Center, City Project No. 15-07; 5) Approve a Professional Services Agreement with RGA Landscape Architects, Inc., in the amount of $86,800 for landscape architectural design services for the Downtown Event Center, City Project No. 15-07; 6) Approve a Professional Services Agreement with MRC Engineering, Inc., in the amount of $30,000 for electrical engineering design services for the Downtown Event Center, City Project No. 15-07; 7) Request an Ad-Hoc Committee consisting of two-members from the Architectural Advisory Committee, two-members from the Planning Commission, two-members from the Palm Springs Art Museum, one-member from the Public Arts Commission, and the City Council Sub-Committee (Pougnet/Mills) to participate as an Architectural Review Committee for the Downtown Event Center, City Project No. 15-07; and 8) Authorize the City Manager to execute all necessary documents. A6720. A6721. A6722. A6723. Motion Councilmember Mills, seconded by Mayor Pougnet and carried 4-1 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: Councilmember Foat. 5.C. PROPOSED RESOLUTION ACTING SOLELY IN ITS CAPACITY AS ROUSING SUCCESSOR AGENCY, APPROVING REPAYMENTS TO THE GENERAL FUND TOWARD A LOAN MADE BY THE CITY OF PALM SPRINGS IN THE AMOUNT OF $1,500,000: City Manager Ready and City Attorney Holland provided background information as outlined in the Staff Report dated June 17, 2015. ACTION: Adopt Resolution No. 23846, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS HOUSING SUCCESSOR AGENCY, APPROVING REPAYMENTS TOWARD A LOAN MADE BY THE CITY OF PALM SPRINGS IN THE AMOUNT OF $1,500,000." Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried on a roll call vote. 5.11). APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2015 ANNUAL RECRUITMENT PROCESS: ACTION: 1) Reappoint Brian Wachs and Bruce Bushore to the Palm Springs International Airport Commission for the term ending June 30, 2018; 2) Appoint Allison Jones and W. Henry Hampton to the Palm Springs International Airport Commission for the term ending June 30, 2018; 3) Reappoint Linda Futterer and Ron Willison to the Board of Library Trustees for the term ending June 30, 2018; 4) Reappoint City Council Minutes June 17, 2015 Page 17 Nancy Stuart and Jerry Ogburn to the Mt. San Jacinto Winter Park Authority for the term ending September 19, 2019; 5) Appoint Mara Gladstone to the Public Arts Commission for the term ending June 30, 2018; 6) Reappoint Dave Darrin, Carol Davis and Jeff Conwell to the Parks and Recreation Commission for the term ending June 30, 2018; and 7) Appoint Alison Elsner to the Parks and Recreation Commission for the term ending June 30, 2017. Motion Mayor Pro Tern Lewin, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Councilmember Lewin commented on the passing of the budget, and thanked all the Commissioners and Boardmembers for all the volunteer service they provide to the City Council and the citizens of the City of Palm Springs. Mayor Pougnet commented on the scheduling of the 2016 Mayor's Race and Wellness Festival. ADJOURNMENT: The City Council adjourned at 11:00 p.m. to Wednesday, July 1, 2015, at 6:00 p.m. Council Chamber, City Hall, preceded by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 1ST DAY OF JULY, 2015. / . SrFPHEh P. POUGNET, VAYOR ATTEST: ;;A;M�E S TH0MPSON, CITY CLERK